Surrogacy By State: What you need to know
When building your family through surrogacy, a legal agreement is required between intended parents and the surrogate. This requirement is set forth by the fertility clinics providing the treatment as they will not provide treatment without a completed legal agreement.
There are many other reasons that a legal agreement is essential and necessary for surrogacy arrangements. One being that currently, there is no federal law in the US that governs surrogacy. That means it’s up to each individual state to decide how to handle surrogacy, and almost all of them have chosen a slightly different approach.
We put together this guide to help you better understand surrogacy laws by state, but please note that you should consult a qualified attorney who specializes in Assisted Reproductive Technology (ART) Law before proceeding with any surrogacy arrangement.
Alabama
There are no surrogacy laws in Alabama that prohibit the practice of surrogacy, and the courts are generally favorable towards the surrogacy process. Unmarried couples may have a harder time getting a pre-birth order.
Alaska
In Alaska, there are no statutes or published case law permitting or prohibiting surrogacy, so it is considered legal. With that said, pre-birth adoption orders have only been granted to married heterosexual couples using their own egg and sperm. In other cases, post-birth adoption orders have been the standard.
Arizona
In Arizona technically, gestational surrogacy is legal but under Arizona Revised Statute § 25-218, surrogacy contracts are statutorily unenforceable. Despite this, gestational surrogacy continues to be practiced in Arizona. Arkansas
Surrogacy is legal in Arkansas and is regulated by a series of state laws. Arkansas’ statute on surrogacy does not specifically cover gestational surrogacy, but it is allowed in Arkansas and practiced on a regular basis.
California
California is one of the friendliest states for surrogacy, with specific state statutes and case law to uphold surrogacy agreements. California courts regularly grant parentage orders regardless of sexual orientation, marital status, or biological relationship.
Colorado
In Colorado as of 2021, they have surrogacy-supportive law codifying best practices. Colorado law permits single individuals and married or unmarried couples of any sexual orientation to become parents via surrogacy. Also, intended parents in Colorado do not need to be genetically related to their child in order to establish parental rights.
Connecticut
Connecticut state law permits gestational surrogacy. Intended Parents are legally permitted to enter into a gestational agreement with a surrogate,
Delaware
Delaware surrogacy laws are among the most well defined in the United States, regulated by the Gestational Carrier Agreement Act, making it relatively easy to become a surrogate or a parent through surrogacy.
Florida
Surrogacy in Florida has clear cut laws for gestational surrogacy making it relatively easy to become an Intended Parent. However, gestational surrogacy contracts will not be enforceable unless the Intended Parents are married and all parties to the contract are 18 years of age or older.
Georgia
In Georgia, gestational surrogacy is permitted because no statute or published case law prohibits it.
Hawaii
In Hawaii, gestational surrogacy is permitted because there are no laws which prohibit it. Hawaii courts do not grant pre-birth orders regarding parentage. Intended Parents wishing to be declared the legal parents of a child born of surrogacy, must do so after the child is born.
Idaho
In Idaho, gestational surrogacy is permitted because no statute or published case law prohibits it. However, recent case law (June 2016) confirmed that a non-genetic parent will not be issued a post-birth parentage order, but instead must complete a post-birth adoption in order to be recognized as a legal parent.
Illinois
In Illinois, gestational surrogacy is permitted under the Illinois Gestational Surrogacy Act. It’s considered a surrogacy-friendly state that guides the process from contract formation, to qualification of the surrogate, and through the issuance of the birth certificate.
Indiana
Indiana Code 31-20-1-1 makes gestational surrogacy contracts void and unenforceable as against public policy.
Iowa
Iowa statutes permit gestational surrogacy and detail the specific steps that Vital Records must take in issuing birth certificates to children born to surrogates.
Kansas
In Kansas, gestational surrogacy isn’t governed by a state law, but it’s permitted because no law prevents it. Courts are known to regularly issue pre-birth orders to parents who are genetically related to the child.
Kentucky
In Kentucky, gestational surrogacy isn’t governed by a state law, but is permitted because no statute or case law prevents it. Courts are known to regularly issue pre-birth orders will usually be granted to Intended Parents who are married when at least one shares a genetic relationship with the child, and to single Intended Parents who are genetically related to the child.
Louisiana
Louisiana Surrogacy Bill HB 1102 (effective August 1, 2016) legalized gestational surrogacy arrangements but only in the limited instance where the Intended Parents are Louisiana residents and are a married heterosexual couple who are both genetically related to the child (neither a sperm or egg donor was used) and includes a no compensation requirement.
Maine
The Maine Parentage Act of 2016 legalized surrogacy in Maine and created important regulations and eligibility requirements for the process.
Maryland
Currently, there are no surrogacy laws in Maryland. However, in 2007, the Maryland Court of Appeals made a ruling that indirectly approved of gestational surrogacy arrangements.
Massachusetts
In Massachusetts, gestational surrogacy is permitted based on the verdicts of several court cases.
Michigan
Michigan laws prohibit paid surrogacy, in which a woman is paid for carrying the child. Michigan law also states that all surrogacy contracts are unenforceable. However, courts may still grant pre-birth orders if no payment or compensation has been made to the surrogate by the Intended Parents.
Minnesota
In Minnesota, gestational surrogacy is permitted because no statute or published case law prohibits it.
Mississippi
In Mississippi, there are no statutes or published case law specifically permitting or prohibiting surrogacy. However, Mississippi courts are prone to granting pre-birth orders, especially when at least one Intended Parent is genetically related to the child.
Missouri
In Missouri, gestational surrogacy is permitted because no statute or published case law prohibits it.
Montana
In Montana, gestational surrogacy is permitted because no statute or published case law prohibits it.
Nebraska
In Nebraska, R.R.S. Neb. 25-21, 200 declares surrogacy contracts to be void and unenforceable and that the biological father of a child born pursuant to such a contract shall have all the rights and obligations imposed by law with respect to such child. Thus, statute does allow surrogacy practice in limited scenarios.
Nevada
In Nevada, gestational surrogacy is permitted and is governed by Nevada Revised Statue (NRS) 126.500-126.810.
New Hampshire
In New Hampshire, N.H.Rev.Stat.ann.168-B clearly permits gestational surrogacy; and pre-birth orders can readily be obtained by any Intended Parent, whether married or unmarried, a heterosexual or same-sex couple or individual, and even if neither Intended Parent is genetically related to the child.
New Jersey
In New Jersey, gestational surrogacy is practiced, broadly permitted by New Jersey Gestational Carrier Agreement Act. This legislation provides for enforceable gestational carrier agreements and pre-birth orders in New Jersey under certain conditions.
New Mexico
In New Mexico, gestational surrogacy agreements are neither permitted nor prohibited based on New Mexico Uniform Parentage Act.
New York
As of February 2021, compensated surrogacy is legal in New York. The state passed a comprehensive law regulating and protecting the rights of surrogates and intended parents. The Child Parent Security Law is one of the best in the nation, clearly outlining legal, medical, and parentage requirements.
North Carolina
In North Carolina, gestational surrogacy is permitted because no statute or published case law prohibits it.
North Dakota
In North Dakota, Gestational Surrogacy is permitted by statute N.D. Cent. Code 14-18, which states that a child born to a gestational carrier is the child of the Intended Parents.
Ohio
In Ohio, gestational surrogacy is supported by J.F.v.D.B.,879N.E.2d740, in which the Ohio Supreme Court held that gestational carrier agreements are not prohibited by public policy.
Oklahoma
In Oklahoma, the Oklahoma Gestational Agreement Act, legalized gestational surrogacy. This Act provides for enforceable gestational carrier agreements and pre-birth orders under certain conditions.
Oregon
Gestational surrogacy is permitted in Oregon because no statute or published case law prohibits it. The only statutes regarding surrogacy in Oregon, outline who is (and is not) legally responsible for a child resulting from assisted reproduction. These statutes state that donors are not responsible for any children born from embryos created using their egg or sperm.
Pennsylvania
In Pennsylvania, gestational surrogacy is permitted because no statute or published case law prohibits it.
Rhode Island
In Rhode Island, gestational surrogacy is permitted because no statute or published case law prohibits it.
South Carolina
In South Carolina, gestational surrogacy is permitted because no statutes or case law prohibit it. There are published case law that suggests that surrogacy is valid.
South Dakota
In South Dakota, gestational surrogacy is permitted because no statutes or case law prohibit it. The courts are generally favorable, and often will issue pre-birth orders. A bill to regulate gestational surrogacy has been introduced in the 2022 legislature.
Tennessee
Tenn. Code Ann. 36-1-102(48) neither permits nor prohibits surrogacy, but merely defines it. A pre-birth order is only possible when at least one of the intended parents shares a genetic connection with the child.
Texas
In Texas, gestational surrogacy is permitted by Tex.Fam.Code 160.751 through 160.763. It authorizes gestational surrogacy for married intended parents who follow the procedures specified in the statute, including having their Gestational Surrogate Agreement validated by a court before birth.
Utah
In Utah, gestational surrogacy is permitted. Utah Code Ann. § 78B-15-801 (2008) permits gestational surrogacy for married intended parents only.
Vermont
In Vermont, gestational surrogacy is permitted by the Vermont Parentage Act of 2018, effective July 1, 2018.
Virginia
In Virginia, gestational surrogacy is permitted under Virginia’s Status of Children of Assisted Conception Statute, but only to Intended Parents who meet the requirements. Intended parents may be a married couple or unmarried individual, the gestational carrier’s compensation is limited to medical and ancillary expenses, and the gestational carrier cannot relinquish parental rights until 72 hours post-birth.
Washington
As of January 1, 2019, compensated gestational surrogacy is legal as long as it complies with the respective statutory framework.
West Virginia
In West Virginia, gestational surrogacy is permitted by W.VA Code §61-2-14h(e)(3), which permits fees and expenses included in any agreement in which a woman agrees to become a surrogate mother.
Wisconsin
Gestational Surrogacy is permitted in Wisconsin by the Wisconsin Supreme Court decision Paternity of F.T.R., Rosecky v. Schissel, 2013 WI 66, 349 Wis. 2d, 833 N.W.2d 634. The court concluded that surrogacy contracts are enforceable unless contrary to the child’s best interest.
Wyoming
In Wyoming, WY Stat 14-2-403(d) neither permits nor prohibits surrogacy. However, there is insufficient data to determine how a Wyoming court may rule on a parentage order or on what prospective intended parents may anticipate in their surrogacy process. As a result, surrogacy is rare in Wyoming.
To fully understand the legal process for a surrogacy journey in your state, be sure you gather information from an attorney licensed in the state. Also be sure the attorney has experience and knowledge in Assisted Reproductive Technology (ART) law.
Visit our website at www.pathwaystoparenthood.com to get more information from the Surrogacy Experts about the surrogacy process.
It’s A Match. Surrogate Annie Matches With Her Perfect Family!
So, you have decided to become a surrogate. You have met the requirements, and now you are ready for the exciting part — the matching process! This is where you will meet prospective intended parents and choose who you want to work with over the course of the surrogacy journey. It may seem a little like an interview but think of it more of an opportunity to see if you’re compatible with the intended parents and a good match to be on this journey with. At Pathways To Parenthood, we are devoted to matching you with your perfect family, while eliminating the anxiety this step can often come with.
To help ease your nerves and to understand the matching process better, we sat down with Surrogate mother Annie, who just went through the matching process with her Intended Parents.
How did you know the family you matched with was the right match for you?
It was just a feeling! Truly! As soon as I saw their profile I was excited to get to know them. Then after our first call I was hooked. Our personalities are similar and we were able to discuss a lot of what we wanted out of our journey together, which draws the deal for me. The conversation flowed and I felt at ease with them from the start.
How did your surrogacy agency help you during the matching process?
Pathways To Parenthood was a huge help with the matching process. First off, they were the ones that introduced us. That is what is great about working with an agency! They vet all applicants for you and connect you with intended parents they feel you may like. When I was going through my matching process, Pathways to Parenthood helped me work through my emotions and thoughts when interviewing potential intended parents. It was was nice to have their support, as well as knowledge, when choosing the family I wanted to work with, and that wanted to work with me.
What was your matching meeting like?
Our first call was via FaceTime! We had exchanged a few texts setting up a time to meet for coffee but when that didn’t work out, FaceTime was the next best thing. Both the intended mother and I had found out prior we actually had a few mutual friends so I felt like we already had a connection from the very start. We spent about an hour on the phone just getting to know each other and sharing our stories of previous surrogacy journeys. I knew within the first 10 mins I wanted to work with them! They were just so funny and kind. I really felt like we would make a good team.
What questions did you have for your Intended Parents?
During a matching call I feel it is really important to focus on getting to know the couple. I wanted to hear their story of what lead them to surrogacy and all about their previous journey. To me, this is a time to make sure your personalities work well together, and you genuinely want to work with them.
What type of relationship do you want to have with your intended parents during the surrogacy process? Did you discuss that during the matching process?
It’s important to me that the intended parents are as involved as they want to be. I went into my first surrogacy journey not really knowing what type of relationship I wanted with my intended parents, and we took on a very business-like approach. We were in separate states so it was hard to develop a real personal relationship. We still keep in touch with updates, and I love that they continue to think of me. However, coming into this journey with my current IPs, I look forward to them being local and for them being more involved.
What is your advice for women considering becoming a surrogate who might be uneasy about the surrogacy matching process?
My advice would be to just be yourself and follow your gut. It’s important to match with a couple that you are comfortable with and feel they will support you. Surrogacy is a long journey but totally worth it. It’s important to match with people you like and people that want the same things as you. This is your journey as much as it is theirs and both sides deserve to get everything they want out of the process. It’s okay to be selective. My first journey I was fortunate enough to match with the first family Pathways To Parenthood Surrogacy Agency introduced me to. This time around it was “third times a charm”. I’m so glad I took the time to think about how I wanted this journey to go. It’s been great so far!
It is amazing to hear and share a surrogate’s unique experience. It makes us even more grateful to be able to work with amazing women like Annie.
Are you interested in embarking on this journey to become a surrogate? Now is the best time to join our agency. We have families waiting for their surrogate! If you live in the Midwest, we are the surrogacy agency for you! You can contact us at 913-469-5500 or at www.pathwaystoparenthood.com
What to Expect After a Surrogate Birth
As a surrogate, you have the chance to make parenthood possible for someone who otherwise would not have the opportunity. If you’re considering making this life changing choice, you have many questions about the surrogacy process and what to expect. Although there are many steps in the process before the happy ending, it is the best step in the process of surrogacy! This blog post gives you an idea of what you can expect from this very special part of a being a surrogate mother.
Online you can find what to expect and what the surrogacy process is like but the best way to learn about a journey as a surrogate is through firsthand experience from someone who knows. For our Surrogate Mother feature, we sat down (virtually) with Surrogate Veronica. Veronica recently delivered a healthy baby girl for her Intended Parents in early January.
How was your delivery and what were your Intended Parent’s involvement?
My delivery thankfully went really well! We had an induction scheduled but baby decided to surprise us all by coming the day before! I called the IP’s and let them know I was in labor and headed to the hospital. We each had our own room in labor and delivery. We agreed IP’s could come in to my room once it was time to push. I absolutely adore my IP’s but I also didn’t want to be nervous trying to labor with them in the room. Other than baby coming one day early, we had an easy delivery where pretty much everything went according to plan. The parents came in when it was time to push so that the baby could go straight to them.
What were your feelings when you saw the IP’s held their baby for the first time?
It was honestly magical! You know, that’s the thing that you’ve been looking forward to all this time— and then it’s finally here! And there’s this crazy sense of achievement. We did it! We decided to do this thing together, to trust each other, and here we are and everything came out as we hoped.
What happened immediately after delivery?
The Intended Mother held the baby, while the Intended Father cut the cord. They took the baby over to a corner of the room where the nurses checked her out and tended to her while my doctor was taking care of me. It was up to the Intended Parents if they wanted to go back to their room or stay with me. I’m so glad they stayed for a while so I could watch them and be a part of their joy. It was really a special moment! After baby and I were each attended to by our respective medical teams, I held her for a minute, and we took some pictures.
What happened before everyone left the hospital?
I only stayed one night and we had different rooms so before I left, I went to their room to say goodbye. We did some paperwork and I held the baby one more time and hugged my Intended Parent’s and told them congratulations!
What type of relationship are you hoping to have with IPs and the baby now?
They have texted me pictures and updates occasionally and that is the perfect relationship for me. I hope that continues into the future.
Did you discuss what type of relationship you would have prior to having the baby?
We kind of agreed whatever happened organically would be good. They will always have a special place in my heart and I’m sure we’ll just send each other the occasional updates on our kids.
How do you feel about your surrogacy process now that you have been through the process?
Since this was my first time being a surrogate mother, I was a little unsure of what to expect about being a surrogate. However, It was everything I hoped it would be. Helping people grow their family is such an amazing gift and I feel so lucky to be able to do that for someone.
Any advice you would give to those thinking about becoming a surrogate?
It’s a really amazing and special experience. There are a lot of hurdles along the way but I’m so glad I stuck with it to get to the end.
Surrogacy is a gift unlike any other and one that only a woman like you can give to hopeful parents. If you’ve decided to become a surrogate, let Pathways to Parenthood Surrogacy Agency guide you through the process. View our guidelines for surrogate mothers to find out if you qualify to become a surrogate. We have helped surrogates and intended parents come together in Kansas, Missouri, Colorado, Oklahoma, Iowa, Illinois and Arkansas, Ohio and Kentucky! You can contact us at 913-469-5500 or at www.pathwaystoparenthood.com
WHY NOW IS A GREAT TIME TO BECOME A SURROGATE
The Covid-19 pandemic has cast its shadow over most things, including family planning. Now more than ever before, individuals and couples are looking for surrogates to help make their dreams of parenthood come true. As a result of all this uncertainty, many women are asking themselves, “Should I move forward with being a surrogate in 2022?” If you’re like many women considering becoming a surrogate, you’ve known for a long time that this is something you want to do. But deciding when to start the surrogate process may not be an easy decision.
- Often, women are hesitant to start the process as it may not be a good time for them to be pregnant. This concern is completely understandable, although it can be difficult to find the “perfect” time to be pregnant! It’s important to keep in mind that the surrogacy process takes time and there are a number of steps you will need to take before ever becoming pregnant. Which is why you may want to consider getting started on this journey sooner rather than later. As a surrogate candidate, you do have some influence on the timing of the steps in the process.
- At Pathways To Parenthood, we know how much you and your family will sacrifice to help another person realize their ultimate goal of becoming a parent — and we feel that you deserve to be compensated fairly in return. That’s why we offer a competitive compensation package for all our surrogates. Contact us today to learn about customizing your compensation package.
- We have many intended families waiting to be matched with a surrogate to grow their families! Amazing surrogates are needed now more than ever!
To help you decide if now is right time for you to become a surrogate, we have information to share from an experienced surrogate who recently started the process to become a surrogate again!. We sat down (virtually) with Surrogate Annie to see why now is the right time for her.
What first brought you to surrogacy? What first brought me to Surrogacy was the fact that I absolutely loved being pregnant. I loved everything right down to the delivery. And I love helping others! Surrogacy is the perfect combination of these two factors. Once my second son was born and our family was complete, I started researching Surrogacy. I knew I was done creating my family and was ready to help others build theirs.
Why did you decided to become a surrogate again? Why now? Since my last surrogacy journey ended back in 2017 another journey has always been on my mind, but the timing was not right. I was raising two young sons and really wanted to concentrate on being there for them. Now that they’re both a little older, I feel it’s a great time to add one more journey to my story. Plus, there are so many families that had to put their family building plans on hold due to COVID, that are in need of a surrogate, I knew now was the right and best time to get started. I hate knowing some families have been on hold for 1-2 years, and now are having to wait to be matched with a surrogate.
Do you have any advice to share with prospective surrogates? First off if you’re even considering becoming a surrogate, you’re already a rock star! Surrogacy is an amazing gift to give a family and it is important to put your whole heart in it. The process can be long but it’s so worth it. My best advice is to find an agency much like Pathways To Parenthood that will have your back and help you through any difficult decisions or questions that you have during the process. If you are considering becoming a surrogate, don’t wait! There are so many people waiting to start their family and need your help. Pathways To Parenthood can answer any and all questions you have to ease your mind and help you make the best decision for YOU!
Why did you decide to be a surrogate with Pathways To Parenthood? Choosing Pathways To Parenthood was an easy decision for me. I wanted an agency close to home and one that felt like family. From the first conversation I had with Pathways I knew they were the agency for me. There are so many large agencies out there, but I didn’t want to feel like just a number. I wanted to have open and responsive communication between me and my agency. The staff at Pathways To Parenthood is exceptional and talking to them is like talking to a friend.
Surrogacy is a gift unlike any other and one that only a woman like you can give to hopeful parents. If you’ve decided to become a surrogate, or if you know other women considering surrogacy, now is an opportune time to join our agency. If you live in the Midwest, we are the surrogacy agency for you! You can contact us at 913-469-5500 or at www.pathwaystoparenthood.com